The Court of Appeal has overturned the conviction and 45-year prison sentence handed to a father and son who had spent nearly 10 years in prison over the murder of Benson Bukabeba in Rubanda District, ruling that the evidence used to convict them was unsafe.
The court set aside the conviction of Moses Ngabirano and his father Richard Barahukwa after finding that the trial court relied on weak identification evidence and failed to properly address contradictions in the prosecution’s case. The two had been convicted by the Kabale-based High Court, then presided over by the current Deputy Chief Justice Moses Kazibwe Kawuumi, for the murder of Bukabeba, who was killed on November 9, 2017, at Karukara Cell, Karukara Ward in Hamurwa Town Council, Rubanda District.
The prosecution alleged that Bukabeba was attacked while walking home from Karukara Trading Centre with Samwiri Tukamushaba. The attackers were accused of assaulting both men, leaving Bukabeba with severe injuries that later led to his death. The case against Ngabirano and Barahukwa largely relied on identification evidence from Tukamushaba, who told the court that he recognized the two during the attack, as well as allegations of previous threats and a land dispute between the deceased and Barahukwa.
The High Court found them guilty of murder and sentenced each of them to 45 years in prison. However, in their appeal, the two argued that the identification evidence was unreliable because the incident happened at night and under stressful circumstances. They also argued that the prosecution failed to resolve key contradictions and that their defence had not been properly considered.
In a judgment delivered on Friday, a three-member Court of Appeal panel comprising Justices Dr Fredrick Egonda-Ntende, Oscar Kihika, and Jesse Byaruhanga Rugyema, said it had a duty to re-examine the evidence and make its own findings. The court noted that identification evidence must be carefully examined, especially where a conviction depends mainly on a witness identifying an accused person during a violent incident.
The justices observed that the attack happened at night and that Tukamushaba, the key identifying witness, was also a victim who had been assaulted. They ruled that these circumstances required greater caution before relying on his identification evidence. The court also faulted the prosecution for failing to call the investigating officer and failing to present the first report made to the police, saying this created gaps on whether the suspects had been identified at the earliest opportunity.
On the alleged motive, the court ruled that the reported land dispute and previous threats could only provide background information but could not independently prove that the two participated in the murder. The Court of Appeal concluded that the prosecution’s evidence did not meet the required standard of proof beyond a reasonable doubt, saying the doubts in the case should have benefited the accused.
It therefore quashed the conviction, set aside the 45-year sentences, and ordered the immediate release of Ngabirano and Barahukwa unless they are being held on other lawful charges. The two had spent almost a decade in prison before the Court of Appeal decision-URN. Give us feedback on this story through our email: kamwokyatimes@gmail.com
